New South Wales Consolidated Regulations

PENRITH LOCAL ENVIRONMENTAL PLAN 1998 (URBAN LAND) - REG 14A

14A Provision for master plans

(1) In this clause, "master plan" means a document consisting of written information, maps and diagrams that:

(a) establishes provisions for the development of land zoned residential in greater detail than the provisions of this plan, and

(b) explains how the objectives and provisions of this plan are addressed, and

(c) addresses matters from the range specified in subclause (4) that are relevant to the future development of the land.

(2) Despite any other provision of this plan, the council must not grant consent to residential development on land within Zone No 2 (a1), (a), (b), (c), (d) or (e) where that land exceeds 3,000m 2 unless:

(a) the council is satisfied that the development is of a minor nature and ancillary to the current use of the land, or

(b) the development is for public infrastructure, a utility installation or housing under State Environmental Planning Policy No 5-Housing for Older People or People with a Disability , or

(c) the council has adopted a master plan for the land and has taken the master plan into consideration, or

(d) the land is identified as an urban release area under the Government’s Metropolitan Development Program or is within a release area known as North Penrith Urban Area, Werrington Mixed Use Area or Claremont Meadows Stage 2.

(3) A draft master plan for land may be prepared by, or on behalf of, the owner or lessees of the land following consultation with the council.

(4) A master plan is to address, illustrate and explain the matters that the council determines are relevant to the future residential development of the land, and must include the following:

(a) urban design principles derived from analysis of the property and the character of its surroundings,

(b) conservation of cultural heritage and compatibility with the character of established neighbourhoods in Penrith City,

(c) conservation of natural features and biodiversity,

(d) protection of natural hazards, including flooding, bushfire and ground salinity,

(e) distribution of land uses and open space,

(f) provision of access for pedestrians, cyclists, road vehicles and public transport,

(g) controls for private landscapes and built form,

(h) safety and amenity of residential areas and the public domain,

(i) provision of on-site carparking,

(j) provision of service infrastructure,

(k) provision of public facilities,

(l) landscaping and improvements to the public domain,

(m) management of stormwater drainage and minimisation of water quality impacts,

(n) contribution to energy efficiency,

(o) staging of future development,

(p) proposed patterns of subdivision.

(5) After receiving a draft master plan, the council must:

(a) advertise the draft masterplan in a newspaper circulating in the locality and exhibit it for public comment at the council’s office for not less than 21 days, and

(b) consider any written submissions about the draft master plan made during the exhibition period.

(6) After considering a draft master plan and any written submission made about the plan, the council may:

(a) adopt the master plan without variation, or

(b) adopt the master plan with such variations as it considers appropriate, or

(c) reject the master plan.

(7) If a draft master plan for land:

(a) has not been adopted (whether with or without variation) by the council within 90 days after it was received by the council, or

(b) has been rejected by the council,

then subclause (2) does not apply to the land.

(8) Where but for subclause (7) the provisions of subclause (2) would have applied to an application to carry out residential development, the applicant must submit with the application a detailed assessment of such of the matters in subclause (4) as relate to the development.

(9) The council must not grant consent to an application to carry out residential development referred to in subclause (8) unless the council is satisfied that the applicant has satisfactorily addressed such of the matters in subclause (4) as relate to the development.

(10) A master plan may be amended or replaced by a subsequent master plan.